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New York Family Law Questions & Answers
0 Answers | Asked in Contracts, Family Law and Child Custody for New York on
Q: If a couple that is separated writes a parental agreement contract, can the cops get involved if one disobeys it?

Without going to court my ex and I would like something, such as a parental agreement stating who has the kids and when. If we make a contract ourselves and sign it, if one threatens to keep the kids can the police get involved? Will it hold up in court?

1 Answer | Asked in Estate Planning and Family Law for New York on
Q: My aunt passed away and set her will to pass with per stirpes rules.

One of her brothers predeceased her and since he was listed, his portion went to his son, my cousin.

My mother died after my aunt but before the estate was distributed.

The lawyer reached out to me 9 months ago to say that my sister and I would split mom's share. But calls... Read more »

Jack Mevorach
Jack Mevorach
answered on Sep 20, 2022

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Divorce and Family Law for New York on
Q: Ex- quit his job trying to stop spousal support. Can he do that?

I filed a order to “Show just cause” in Richmond county Staten Island Supreme Court. Court date is October 17th, to stop my ex husband to cut off my spousal support because he quit his job with the NYPD at age 54. He had 8 months to make 20 years.

He & his wife feels after his... Read more »

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

If your spouse quit his job or is intentionally working below his earnings capacity in an effort to avoid/reduce his child support obligations you should inform the court. Show the court your spouse's prior income through his tax returns, w2, payroll statements, etc. If your spouse is not... Read more »

0 Answers | Asked in Family Law for New York on
Q: As part of the divorce agreement, my sister and I was to spend 2 weeks with her father. But after 2 weeks was up .

I was brought back to my mother and he never returned my sister. My mother was sick and passed away without seeing her daughter again. Plus he signed my birth certificate knowing he isn't my father. What can I do?

0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for New York on
Q: If child lives in dead parents estate, & no will, trust or ownership. What can be done when the state auctions estate?

Taxes owed can't afford them and house is being auctioned. 3 surviving children. State is kicking child out. Can something be done to fight this?

0 Answers | Asked in Family Law for New York on
Q: Can I prevent the dad from taking my kids to pa where he lives. We have a family court case soon? But no court ordersyet

My child's father is making more of an effort to be around. He was not around for a few years prior. He live in pa and wants to take kids for weekend. I do not feel comfortable with that. Ge doesn't own the home. The kids don't have their own room. They will sleep on an air mattress.... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for New York on
Q: My niece is here and is a mess, she is getting ready to go through a divorce. The husband has been seeing other women .

So they have 3 kids. She is planning on moving out and taking her eldest from a previous relationship with her and living at her mother's. The 2 youngest have severe allergies and have to stay with the Dad . She wants to know since he makes a lot more money then she does will she need to pay... Read more »

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 14, 2022

First and foremost I suggest that she have a consultation with a family law and divorce attorney immediately. The receiver of Child Support is determined by who has primary physical custody and the amount by a formula. I caution it is a risk that if she leaves the two children behind there could be... Read more »

0 Answers | Asked in Civil Litigation, Family Law, Civil Rights and Federal Crimes for New York on
Q: How to stop a Judge in NY Family court who does not believe your rights in family court matter. He told me to my Face.

I have a Judge who has went against The FCA he is using to keep me from my kids, disregarded the constitution, he will find against my motion, then find against my Order to show cause and write the complete opposite of what he found in other motion, he doesn't hold county to return dates on... Read more »

0 Answers | Asked in Arbitration / Mediation Law and Family Law for New York on
Q: I have petitioned family court for custody of child that lived in my home since week old and I cared for til mother took

On Aug 18th haven't seen child in 25 days and can't seem to get child's lawyer ir my lawyer to help

2 Answers | Asked in Family Law and Child Support for New York on
Q: If I terminate my parental rights in nyc do I still have to pay child support?

I’m estranged from my twins I’ve been paying child support since they were two, they’re eleven now, I’ve kept my rights over them because I feel one day they’ll overcome their mothers brainwashing and will decide to live with me but I fear that day will never come.

Their mother... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 11, 2022

You can not simply "terminate your rights". Only Child Protection Services (ACS in NYC) can do thatnor you can be terminated if someone elsecadopts the children. If your rights are legally terminated by court order your support obligations terminate but not any arrears you owe.

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0 Answers | Asked in Child Custody and Family Law for New York on
Q: I have my nephews and my custody for temporary and I received no help from the social worker I have no papers saying So

Do I need a lawyer it been 6 months with no help no papers work at all the Birth mom lost legal rights because she miss two courts dates and they found her guilty of child abused

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I cared for child since moved in my home at week old because mother wouldn't mother lived in home as well she took child

Won't let me see child been 21 days my lawyer hasn't done nothing and childs lawyer hasn't

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 8, 2022

You can a petition in Family Court for visitation

1 Answer | Asked in DUI / DWI, Family Law and Car Accidents for New York on
Q: Can CPS tell you not to be alone with your kids before you're proven guilty of a charge?

My fiance got in a car accident due to the wheel guard falling off and catching under the tire and yanking him off the road on8/25,our daughter was in the car also. He had an energy drink 10 min before and blew a 0.1. This caused him to get an aggravated dwi charge and appearance to court date. CPS... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 5, 2022

Yes they can

1 Answer | Asked in Child Support and Family Law for New York on
Q: My daughter is 18 and graduated high school has a baby has job not going to college lives with mom can I stop support
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 5, 2022

You should consult with an experienced family law attorney. It is possible that you can petition to terminate your support if there is sufficient evidence to show that your daughter is effectively emancipated prior to the age of 21. But if you were ordered to pay support you cannot just... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: How extra marital relationship effect for child custody?
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 4, 2022

The fact that your spouse had an extra marital affair does not in and of it’s self render him/her an unfit parent. You should speak to experienced family attorney to determine if there are any aspects of the relationship, or the individuals in particular, that would impact the best interests of... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Looking for a lawyer to represent my daughter. It's a child custody case where the father is a narcissistic
Kevin M. Colwell
PREMIUM
Kevin M. Colwell
answered on Aug 31, 2022

You are well served with an attorney experienced in the area of family law. I am happy to have an intake specialist contact you if you wish to provide your contact information. Message our firm if you are interested in a free initial consultation. This is a common characteristic in many of our... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is this considered relocation with the children without the other parent permisssion?

My ex boyfriend and his fiancee bought a home in CT about six months after we agreed on joint custody. It seems he has plans for the kids to live there with him but will not admit it. He lived in a 2bd room house in the bronx (owned by his mother who lives elsewhere) and moved some of his and the... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 31, 2022

If he is taking them to school every day from CT then yes they have moved. If it is only on Monday after a weekend in CT then it probably isn't a move. It depends on where the children reside during the week. On the facts presented it is difficult to give an accurate answer. Speak to the... Read more »

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